The will of John Ackelande Esquire of Landkey

Date of Will: 3 September 1538

The ACLANDS are one of the oldest families in Devon.
The name first appears in the records in 1155 when Hugh de ACCALEN
is recorded as owning land in Landkey. Acland Barton was the family
seat for almost five hundred years. The present house was built in
the fifteenth century and remodelled in 1591. It is now a Grade I
listed building. There is a photograph and accompanying description
on English Heritage's Images of England website. Anne ACLAND, the
author of "A Devon Family: The Story of the Aclands" (Phillimore,
1981) comments that "we know little about the medieval Aclands
except the bare facts of marriage, death, and the transfer of
property which are contained in attested pedigrees and the scanty
legal documents which survive". It is clear, however, from the
Subsidy Rolls of 1524-7 that John ACLAND was one of the wealthier
landholders in Devon. In 1524 John ACLOND [sic] headed the list of
taxpayers in Landkey parish with an assessment of goods to the
value of £66 2/3. In 1526-7, again in Landkey, he was
assessed as holding land to the value of
£60.

Surprisingly there is no pedigree for the ACLAND
family in the early Heralds' Visitations of Devonshire in 1531 and
1564. The 1620 Visitation contains an unsigned 13-generation
pedigree commencing with Baldwin ECCELIN some time in the twelfth
or thirteenth century together with two short pedigrees of the
later generations signed by the then representatives John ACLANDE
and Baldwin ACLANDE. Sir William POLE, who died in 1635, provided
an alternative pedigree in his "Collections towards a Description
of the County of Devon" published posthumously in 1791. Anne ACLAND
provides a third version of the pedigree on the endpapers of her
book which was published in 1981, though the early part of her
pedigree seems to be largely based on the 1620 Visitation. It would
appear that none of these writers were aware of the existence of
the present will and I find it impossible to reconcile the contents
of the will with the published pedigrees. From reading the will it
is apparent that John ACLAND was the son of Baldwyn and Joan
ACLAND. All the pedigrees seem to agree that Joan was the daughter
and co-heiress of William PRIDEAUX of Adeston in the parish of
Holbeton. We know from the will that John's first wife was called
Elizabeth. POLE suggests that she was Elizabeth, the daughter of
Thomas HEXT of Kingston. Anne ACLAND and the editor of the 1620
Visitation have inserted an additional generation in their
pedigrees. They both claim that John married Elizabeth FORTESCUE,
the daughter and heiress of John FORTESCUE of Spriddleston in the
parish of Brixton, and that it was their son John who married
Elizabeth HEXT. All three sources then show in the next generation
the marriage of John ACLAND and Elizabeth CRUWYS. Clearly confusion
has arisen with two Johns in succession (ie, son and grandson)
marrying Elizabeths. By comparison with the will it is quite clear
that there is a superfluous generation in the pedigrees shown by
Anne ACLAND and in the 1620 Visitation but, in the absence of any
reliable records, it is impossible to establish which John married
which Elizabeth.

Curiously the published pedigrees make no mention of
John's second marriage to Mary CRUWYS née FRAUNCEYS. Mary
FRAUNCEYS or FRANCIS was the daughter of John FRAUNCEYS of Combe
Florey, Somerset (who died in 1485) and Florence AYSHFORD of
Ayshford in Burlescombe. There is a brass on the floor of the
church at Combe Florey depicting Florence FRAUNCEYS with her two
daughters, one of whom is believed to be Mary FRAUNCEYS. We know
that Mary FRAUNCEYS married John CRUWYS in about 1490 as there is a
document at Cruwys Morchard House dated 8th September 1490 in which
certain lands are granted to John CRUWYS and Mary his wife "all
being jointure and dowry of said Mary Cruwys". Mary had four sons
by her marriage to John CRUWYS: William, Thomas, Edward and
Anthony. Anthony was the founder of the Cornish branch of the
family who have their own coat of arms and use the spelling CREWES.
John CRUWYS appears to have died around 1515 but the precise date
of Mary's marriage to her second husband John ACLAND is not
known.

This transcription of John ACKELANDE's will is taken
from Olive MOGER's typewritten manuscript "Transcript of Devonshire
wills, 1600-1800". This volume was compiled some time before the
Second World War and is now held at the West Country Studies
Library in Exeter. The original will has not survived. It was one
of the many Devon wills lost during the blitz of 1942 when the
Probate Registry in Exeter was bombed by the Germans. I have taken
the opportunity to include a translation of the Latin probate
section which has kindly been provided by Martyn LOVEYS. The
original transcription included two footnotes provided by "W.J."
who presumably helped with the transcribing. I have included the
two original footnotes together with some further explanatory notes
of my own.

Proved 17 April 1539 in the Consistorial Court of the Bishop of
Exeter by John Acland

District Registry of Exeter Consistorial Court of the Bishop of
Exeter p.55 Landkey

The will of John Ackelande, esquire, of the parish of Landkey,
was proved in the court of Master John Blaxton, bachelor of law,
Commissioner for Devon, at the Lord Bishop of Exeter's Palace on 18
April1 in the year of our Lord 1539 by John Auckelande
Junior who on oath was appointed administrator and to exhibit the
inventory since Master Anthony Acklande came and exhibited it not
having expressed the sum total.

(1 August)

In the name of God Amen.

The third day of September in the yere of our Lorde gode 1538
and in the xxxth yere of the raigne of oyr sovereigne Lorde Kynge
Henry the eight I John Ackelande Esquyer being in my good and hole
mynde & perfitt memorie Lawde be unto Almyghti Gode make &
ordeigne this my present testament & last will of the
dispercion of all my goo[d]s and catalls and hereafter
foloweth.

First I bequeath my sowle unto Almyghti God my maker and
redeemer & to the moste blessed Virgyn and lady Saynt Mary his
moder & to all the holy company of hevyn & my body to be
buryed in holy grave where yt shall please God.

Item I bequeath to saynt powle of Landekey iijs iiijd to be
brought in upon the masse booke to be prayed for.

Item I bequeath to the mayntenance of a prieste to pray at
Harpford2 xs. to be paid for upon the brotheredge
booke.

Item I bequeath to the store of St. Jamys at Swymbridge to be
prayed for xs.

Item, I bequeath to the store of Saynt Gregory3 xs.
to be prayed for.

Item I will that Mary my wyffe shall have xl marks of lawfull
money of England to th'intent that she have no further mellying as
well with any parcel of the residue of all my goods and catalles as
also with any mellying or clayming any goods or cattales that the
said Mary my wyffe hade by the death of John Crewes esquyer late
her husbande; and in case my said wyffe at any time hereafter be
not contente but doo make or cause to be made any further buseness
to put my cosen4 John Ackland to any vexation or trouble
then I will that the said xl. marks of money shall remain to my
said cosyn John Ackeland and to Anthony Ackeland and his children
equallye to be divyded amongst them & c.

Item I will that the poor people of Landkey aforesaid & of
Goodlegh have xxs. in brede to be deled at the moneth day to pray
for me and all Christen sawlys.

Item I bequeath to Anthony Ackeland my sonne a goblet of sylver
without a cover ij keen, x yewyss & vi sylver spoones, the
whiche I boughte of Alice Symon.

Item I will that my executor shall cause a Trental of massys to
be songe at the month ys day in the paryshe church of Landkey
aforesaide.

Also I will that my executor shall cause an honest prieste to
sing ij years in Landkey aforesaide for me & my fader Baldewyn,
Joane my moder, Elizabeth my wiffe and John my sonne and for all
Christen sowlys and the said priest to have vil. by the yere to
finde hymself breade and wyne and waxe and for his clarke iijs
iiijd.

Also I give and bequeath to Sir Richard Skynner parson of
Goodlegh aforesaide xls. and a horse in valew of xxs to pray for
me.

Also I give to Sir Harry Taper my goostly fader6 vjs
viijd to pray for me.

The residue of my goods and catalls not bequeathed I give and
bequeath to John Ackelande my cosyn and heire whome I make and
ordeyne of this my present testament and last will hole executor to
dispose of it for the health of my sowle as he may thinke best and
most necessary by the counsel of the overseers unto the tyme that
my saide cosyn John Ackeland be at his full aidge of xxi yeris.

And if the said John Ackelande my cosyn and heire dye before the
aidge of xxi yeres than then [sic] I will the saide Anthony
Ackeland and his children shall be my executors and the wiff of my
said cosyn John Ackelande, yf he have any at the owre of his death
then I will that she have the third part of all my goodes &
catalls.

Also I will that the said Anthony Ackelande & Sir Richard
Skynner shall be my overseers of this my present testament &
last will to see this my last will fulfilled & performed &
thay to have for there labor as ys afore rehersed.

In witness whereof to every part of this my will tripartite
Indented I have subscribed my name with myne hande this witnesseth
the said Richard Skynner & Sir Harry Tapper John Harwoode
William Harwoode Thomas Yellande John Berrys parish clerke of
Landkey aforesaide Thomas Somerwill and Thomas Estmonte.

Also I will that every one of these said witnesses of this my
present will shall have iijs iiijd.

Furthermore I the said John Ackeland will the one standing coupe
with a cover of sylver & gylt one goblet with a cover gilte
& a dosen spoons of sylver of one suyte which I bought of one
William Goldsmyth of Exeter at the brode yet there a chawleys of
sylver with the patent or corporax a payre of vestments & a
gret bell hangyn in the chapel at Acklande remain from heire to
heire as implements for ever without any fraude or collucion
thereof to be made as they or he that shall contrary this my last
will thereof shall answere unto almyghti gode at the dredful daye
of judgement.

Item I will that Elyn Ackland my cosen shall have one hundred
marcs of lawful money of England for the preferment of her marriage
provided allway in case the said Elyn dye before she be married
then I will the said one hundred marcs shall remayne with my said
cosyn John Ackelande.

By me John Ackeland.

1 Note that there is a discrepancy in the
probate date shown in the Latin section (18th April) and that shown
elsewhere in the transcription (17th April) (D.K.).

2 On 21 May 1379 Bishop Brantyngham granted
a licence to the chaplain of Landkey to celebrate divine service in
the chapel of St. Mary at Herford in Landkey. (W.J.)

3 Goodleigh church was dedicated to St.
Gregory, and Goodleigh is afterwards mentioned. (W.J.)

4 At this time the word cousin was a very
loose term meaning any close relation who was not a parent, child
or sibling of the writer. It was often used to describe a nephew,
niece, grandson or granddaughter. In this will it is clear that "my
cosen John Ackland", who is later referred to as " my cosyn and
heir", is in fact the testator's grandson. (D.K.)

5 Kine is an old word meaning cattle.
(D.K.)

6 A ghostly father would have been the
testator's confessor or some other religious adviser. In the 15th
and 16th centuries priests were commonly called Sir.
(D.K.)

Last updated: 30 Jul 2006 - Brian Randell

Note: The information provided by GENUKI must not be
used for commercial purposes, and all specific restrictions
concerning usage, copyright notices, etc., that are to be found on
individual information pages within GENUKI must be strictly adhered
to. Violation of these rules could gravely harm the cooperation
that GENUKI is obtaining from many information providers, and hence
threaten its whole future.